Terms & Conditions
These Terms and Conditions apply to the website (located at the URL www.fatalclothing.com) and all other web pages interconnected with such website including, without limitation, the home page, splash page, and all other pages under the same top level domain name, and all content thereon (collectively, the “Site”).
This Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to these terms and conditions, do not use this Site or download any materials from this Site. FATAL Clothing reserves the right to change, modify or amend these Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. You are responsible for regularly reviewing these Terms and Conditions and additional terms posted on this Site. Your continued use of this Site constitutes your agreement to all such terms, conditions, and notices.
FATAL Clothing may make certain services available to visitors of the Site. For example, you may be able to chat with other visitors, post comments on a bulletin board, enter a sweepstakes, download a screensaver or other software or send branded post cards or party invitations to friends (these services are collectively referred to herein with the Site as the “Site Offerings”). Visitors are solely responsible for the user information and other content they post on and through the Site. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on or through the public portions of the Site (e.g., chat, bulletin boards, post cards, invitations), that such information is generally accessible to and may be collected and used by others and may result in unsolicited messages from other people. Accordingly, visitors to and users of the Site are encouraged to exercise caution when providing personal information about themselves. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
Ownership of Materials
Except as otherwise indicated, this Site and its entire contents (collectively, the “Materials”), including, but not limited to, the text, information, material, software and graphics contained on this Site, are owned by FATAL Clothing and its affiliates. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. FATAL Clothing makes no proprietary claim to any third party names, trademarks or service marks appearing on this web site. Any third party names, trademarks, and service marks are the properties of their respective owners. Except as provided in the next sentence, the Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without FATAL Clothing’s prior written permission. You may download one (1) copy of the Materials on a single computer only for your personal, non-commercial, internal use. You may not (i) modify the Materials or use them for any commercial purpose, or any other public display, performance, sale, or rental, (ii) decompile, reverse engineer, or disassemble software materials, (iii) remove any copyright notice or other proprietary notices from the Materials, or (iv) transfer the materials to another person. By posting a message or contributing in any way to this web site, including, but not limited to, sending comments and e-mail, to this web site, you expressly grant FATAL Clothing the right to use in any way, copy, republish or sell your message or other contribution as part of its property. FATAL Clothing reserves the right to change, update, discontinue, or restrict or prevent access to this web site or the Materials at any time without notice.
Unless specifically requested, FATAL Clothing does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Any information or material submitted or sent to FATAL Clothing will be deemed not to be confidential or secret. By submitting or sending information or other material to FATAL Clothing you represent and warrant that the information is original to you and that no other party has any rights to the material. You also agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site, (i) will forever be the exclusive property of FATAL Clothing, (ii) may be used by us in any manner whatsoever, and (iii) that FATAL Clothing is not required to provide any compensation or acknowledgement of any such submission. You agree and acknowledge that by using this Site, any and all communications and/or information transmitted by you to or through the Site will not be treated as confidential or proprietary.
You warrant and agree that, while using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining permission from us or the copyright owner; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. You also warrant and agree that you shall not: (a) impersonate, or misrepresent your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (c) engage in spamming or flooding; or (d) attempt to gain unauthorized access to other computer systems through the Site.
We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.
You agree to defend, indemnify and hold FATAL Clothing, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you.
Termination of Access
FATAL CLOTHING RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME, WITH OR WITHOUT NOTICE.
Disclaimer Of Warranties
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION, SOFTWARE, SERVICES, GRAPHICS, FUNCTIONS AND MATERIALS IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FATAL CLOTHING DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, THAT THE CONTENT WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. FATAL CLOTHING MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FATAL CLOTHING OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
Limitation Of Liability
BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK AND THAT IN NO EVENT SHALL FATAL CLOTHING OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF FATAL CLOTHING OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FATAL CLOTHING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL FATAL CLOTHING BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.
Links to Third Party Sites
This web site contains links to third party sites. These links are provided for convenience purposes and are not under the control of FATAL Clothing or its affiliates. FATAL Clothing does not make any representations and warranties, express or implied, regarding the content of any of these linked sites. These links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by FATAL Clothing with respect to any third party, any third party’s web site, the content of any third party’s web site, or any products or services provided by a third party.
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. FATAL Clothing makes no claims that the content of this Site is appropriate outside of the United States. If you access this Site outside the United States, you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located.
Governing Law and Jurisdiction
Copyright © 2012 FATAL Clothing. All Rights Reserved.